Adjustment of Status

Recent Features

The District Court approved a settlement agreement and issued an order adopting our arguments. The settlement involves remedies for class members who submitted adjustment of status and I-212 waiver applications on or after August 13, 2004 and on or before November 30, 2007.

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  • Practice Advisories

Arriving Noncitizens and Adjustment of Status

This Practice Advisory discusses the impact of an interim rule repealing two former regulations which barred all “arriving aliens” from adjusting status if they are in removal proceedings.

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  • Blog

Lawsuit Asks Government to Stop Blocking Temporary Protected Status Holders from Applying for Green Cards

February 22, 2018

Temporary Protected Status (TPS) is an important humanitarian protection for people who are in the United States when certain natural disasters or civil conflict strike their home countries,...

  • Press Release

Class Action Suit Challenges Government’s Denial of TPS Holders’ Green Cards

February 22, 2018
In violation of the Immigration and Nationality Act, USCIS denies the green card applications of Temporary Protected Status (TPS) holders who first entered the United States without going through an inspection process at a port of entry, ignoring the fact that they subsequently were inspected and admitted when they were granted TPS.
  • Litigation

Ending Obstacles for Temporary Protected Status Recipients Seeking Legal Permanent Residence

The American Immigration Council has filed a class action lawsuit against officials at the U.S. Citizenship and Immigration Services and U.S. Department of Homeland Security in a federal district court in New York, challenging the government’s unlawful practice of depriving certain Temporary Protected Status (TPS) holders with close family relationships or employment in the United States from becoming lawful permanent residents.
  • Blog

What Salvadorans With Temporary Protected Status Should Know Now

January 9, 2018

Secretary of Homeland Security Kristjen Nielsen announced on Monday that the Temporary Protected Status (TPS) designation for El Salvador would be terminated. The decision to terminate TPS for...

  • Blog

USCIS Is Receiving a Record Number of Citizenship Applications

November 13, 2017

The average processing time for United States citizenship applications used to take five to seven months – already a lengthy timeline for immigrants waiting to get their citizenship vetted and...

  • Blog

A Variety of Legislation Has Been Introduced in Congress to Protect Dreamers

September 27, 2017

The announcement of the end of the Deferred Action for Childhood Arrivals (DACA) initiative has hit home for many. The public has demonstrated a strong distaste for taking away young, undocumented...

  • Blog

Temporary Protected Status Terminated for Sudan, Extended for South Sudan. Who Is Next?

September 21, 2017

With the stroke of a pen, the Secretary of Homeland Security upended the lives of over 1,000 Sudanese nationals living in the United States with the announcement this week that Temporary Protected...

  • Blog

USCIS Adds Extra Hurdles for Legally Residing Immigrants

August 29, 2017

The Trump administration continued its attack on legal immigration this month, announcing that it will start requiring additional in-person interviews for tens of thousands of individuals who have...

  • Amicus Briefs

Ramirez v. Dougherty - Ninth Circuit

Publication Date: 
March 31, 2017
The Council, with the American Immigration Lawyers Association, filed this amicus brief arguing that a grant of TPS satisfies the “admission” requirement for adjustment of status under INA § 245(a) and that, as a result, an individual who entered without inspection and later received a grant of TPS has been “admitted” and may adjust to lawful permanent resident status if otherwise eligible.
  • Blog

Second Circuit Requires Government to Notify Affected Parties Prior to Visa Petition Revocation

January 8, 2016

In a breakthrough decision issued at the end of last year, the U.S. Court of Appeals for the Second Circuit, which sits in New York City, ruled that U.S. Citizenship and Immigration Services (...

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